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View Diary: Temple Tells Nurses: The Constitution Doesn't Apply to You (259 comments)

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  •  Professional status has nothing to do with it (33+ / 0-)

    Professionals are absolutely allowed to unionize.  RNs are professionals under the NLRA.  Teachers are professionals.  The issue with docs is a) their role in the management of the hospital (which excludes them from the Act because managers aren't "employees"; and b) the fact that docs don't all work directly for a hospital at which they have privileges, meaning that they're contractors or business-peers, not employees.

    Interns and residents don't trip these wires, and can and do organize unions.

    "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

    by Pesto on Wed Mar 31, 2010 at 08:36:58 PM PDT

    [ Parent ]

    •  Collective bargaining association of managers (4+ / 0-)
      Recommended by:
      Sychotic1, 4Freedom, Dirtandiron, TKO333

      As a retired manager who was a member of a union I have some background.

      Any group of employees can be members of an association for collective bargaining.  Under federal labor law those who manage other workers do not get all the protection that is available to ordinary workers with no managerial authority.

      We called our organization a "union," and it was a member of the AFL-CIO, but we did not have all the protections in the law.  We had no right to strike, and had to partner with a "true" union to enforce our bargaining efforts.

      •  The employer is free to sign a CBA (2+ / 0-)
        Recommended by:
        Dirtandiron, TKO333

        with managers if they want.  But they're also free to refuse to bargain, or to fire all of them for forming their own union or for complaining in the first place.

        As far as I'm concerned, if you were cooperating democratically with your coworkers to make your bosses do something they wouldn't otherwise do, or stop them from doing something they otherwise would, then you were a union.  But as far as the National Labor Relations Board is concerned, you weren't, since only "employees" can form a union, and managers aren't "employees".

        One quick note:  local and state workers' rights are governed by state law.  In some states, no public workers can form unions an collectively bargain with their bosses.  In others, even managers can -- it's pretty common, for instance, for public school principals to belong to unions for principals.

        "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

        by Pesto on Thu Apr 01, 2010 at 07:26:40 AM PDT

        [ Parent ]

      •  Quite so (1+ / 0-)
        Recommended by:

        Any group of workers can form a union, including managers, but not all workers have the protections of the National Labor Relations Act. The NLRA specifically excludes certain types of workers from coverage (again, including managers) but  that is not the same as a law prohibiting unionization.

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